Jump to ContentJump to Main Navigation
Advancing the Human Right to Health$
Users without a subscription are not able to see the full content.
Advancing the Human Right to Health

José M. Zuniga, Stephen P. Marks, and Lawrence O. Gostin

Print publication date: 2013

Print ISBN-13: 9780199661619

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199661619.001.0001

ContentsFRONT MATTER
Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 08 March 2021

Advancing the right to health through litigation

Advancing the right to health through litigation

Chapter:
(p.25) Chapter 2 Advancing the right to health through litigation
Source:
Advancing the Human Right to Health
Author(s):

Oscar A. Cabrera

Ana S. Ayala

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199661619.003.0002

This chapter discusses some of the aspects and areas of contention around right to health litigation. It begins with a brief overview of the history of right to health litigation, including litigation that protects health through the use of other health-related rights that are socioeconomic, civil, or political in nature, such as the right to life. It then introduces some of the main arguments used to challenge the increasing use of the courts to promote the right to health and the public policymaking that this often entails. These arguments question whether courts are breaching democratic principles, such as separation of powers, when they order the provision of medicines or treatments, or rule on regulatory aspects of the health system. Next, the chapter explores whether a codified right to health is necessary to foster right to health litigation, and the effects that individual litigation may have on effectuating broader systemic changes that could benefit population health. It concludes with a brief discussion on whether courts are promoting or undermining one of the central tenants of the right to health: health equity.

Keywords:   health litigation, right to health, public health, health policy, health equity

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .